OROVILLE &GT;&GT; Jurors heard from two people who were present at times in the apartment where an alleged rape and sexual assault took place the weekend before Halloween 2012.

One of the people included the brother of co-defendant Alex Delashan McNack, 22.

McNack and co-defendants Marshall Nixon, 18, and Benny McCoy Williams, 20, are on trial for the alleged incident in an apartment on the 600 block of West Fourth Avenue in Chico.

The defendants, all of Stockton, are each charged with seven felony counts, including acting in concert with another to forcibly conduct oral copulation, sodomy and forcible rape with a foreign object; two counts of sexual penetration by a foreign object; sexual battery by restraint; and forcible rape.

The defendants allegedly attacked a then-19-year-old woman from Oroville in the apartment, which belonged to a friend, on Oct. 27, 2012. She was staying the night after losing her other friends in the pre-Halloween festivities in the neighborhood south of Chico State University.

McNack's younger brother, Dezell, testified he traveled with Nixon from Stockton to Chico and went to the apartment where the alleged incident took place.

Under questioning by supervising deputy district attorney Kelly Maloy, Dezell McNack said he didn't recall what happened, but said he and the defendants went with four or five other people and walked around downtown. Later, the group drove back to the apartment where they played video games in the living room.

During cross-examination by Williams' attorney Kevin Sears, Dezell McNack said the sound on the video game wasn't loud and he didn't hear people talking or screaming elsewhere in the apartment.

Dezell McNack was arrested at one point as a suspect in the case. While in custody, he participated in a recorded phone call to Nixon. When Dezell McNack asked Nixon if he remembered the woman the defendants allegedly had sex with, Nixon said "yeah."

Dezell McNack testified under an immunity agreement where prosecutors agreed to not seek charges of being an accessory in exchange for truthful testimony . He said he didn't understand why it was necessary and he had done nothing wrong.

Another witness was Jaime Rogers, who said she was a friend of the apartment tenant, but didn't know the defendants. She said she spent about 40 minutes in the tenant's bedroom. They left to pick people up and bring them back to the apartment before going to a party, where they separated.

After the party, the tenant picked up Rogers and they went back to the apartment where she went to bed.

Juror excused

Judge Kristen Lucena excused a juror following the lunch recess because the juror was purportedly untruthful during the jury selection process. One of the four alternate jurors was selected to fill the vacancy.

Defense attorneys, including Sears, Robert Radcliffe and Eric Ortner, objected to the allegation. Sears later moved for a mistrial, which was ultimately denied.